News & Updates

Federal Court Launches Pilot Project to Expedite Judicial Review of Rejected Study Permit Applications

In a groundbreaking move to address the rising number of immigration-related filings, the Federal Court of Canada has introduced the Study Permit Pilot Project. This initiative aims to drastically reduce the timeframe for applicants seeking judicial review of rejected study permit applications.

Record-High Immigration Filings

The Federal Court is on track to receive 24,000 immigration-related filings by the end of 2024, marking a third consecutive year of record-breaking numbers. This surge in cases is four times higher than the average annual filings from the five years preceding the COVID-19 pandemic.

Chief Justice Paul Crampton explained that the pilot project is a response to the growing caseload and is designed to reduce the time required for judicial review. Under the current system, it takes between 14 and 18 months for a study permit rejection to be reviewed. The new process will reduce this to just 5 months, providing faster resolutions for applicants.

Key Features of the Pilot Project

The Study Permit Pilot Project, scheduled to begin on October 1, 2024, eliminates the need for a formal hearing. Instead, judges will simultaneously assess both leave and judicial review applications. Chief Justice Crampton emphasized that this would save significant time and resources for both applicants and the Court. He described the initiative as a “win-win,” noting that applicants will benefit from shorter wait times, and the Court will conserve its limited resources.

This project is a collaborative effort involving Immigration, Refugees and Citizenship Canada (IRCC) and members of the Federal Court Citizenship, Immigration, and Refugee Law Bar Liaison Committee. The latter includes representatives from the Department of Justice (DOJ) and the private bar.

Criteria for Participation

Participation in the pilot project is voluntary, but both the applicant and IRCC must agree to participate. Additionally, both parties must agree on the facts of the case. These facts will be documented in a Simplified Certified Tribunal Record (SCTR), which will contain the study permit application submitted to the IRCC.

Impact on Applicants

The Study Permit Pilot Project is an innovative approach to addressing the growing demand for judicial review in immigration matters. It promises to expedite the process, save resources, and ultimately improve the experience for applicants and the Court alike.

‍